4 12. The National Constitution guarantees the right to private property –both individual and corporate- and to community property to which the indigenous peoples are entitled; Article 63 acknowledges and guarantees the right of indigenous peoples to preserve and develop their ethnic identity in the respective habitat. Furthermore, Article 64 of this Constitution states that: Indigenous peoples have the right to community ownership of the land, to a sufficient extent and of sufficient quality for conservation and development of their own manner of life. The State will provide these lands to them free of cost, and these will be nonencumberable, untransferable, inextinguishable, not subject to use as guarantees for contractual obligations nor can they be rented; also, they will not be subject to taxation. Indigenous peoples may not be moved or removed from their habitat without their explicit consent. 13. With regard to the right to private property, the American Convention provides that: 1. Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society. 2. No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law. 3. Usury and any other form of exploitation of man by man shall be prohibited by law. Article 109 of the National Constitution states: Private property is guaranteed, and its content and limits will be set by law, taking into account its economic and social function, with the aim of making it accessible to all. Private property cannot be violated. No one can be deprived of his property unless this is ordered by the courts, but there may be expropriation for reasons of public utility or social interest, and this will be established in each case by the law. The law will guarantee prior payment of fair compensation, established by conventional means or by the decision of a court, except in the case of non-productive latifundia, in accordance with procedures for expropriation set forth in the law. 14. Individuals entitled to private property include both the indigenous people of the Yakye Axa community and the other indigenous peoples, as well as all citizens, in the framework of the principle of equality of all persons, enshrined in Article 46 of the National Constitution, which states: “All inhabitants of the Republic are equal in dignity and rights, and no discrimination is allowed. The State will remove obstacles and impede factors that maintain or foster discrimination.